5 U.S.C. § 3341 — Details; within Executive or military de-

Page 417 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3341 tion for detail to a rotational cyber workforce posi- tion that appears on the list developed under section 3(b). ‘‘(2) OPM APPROVAL FOR CERTAIN POSITIONS.—An employee serving in a position in the excepted service may only be selected for a rotational cyber workforce position that is in the competitive service with the prior approval of the Office of Personnel Manage- ment, in accordance with section 300.301 of title 5, Code of Federal Regulations, or any successor there- to. ‘‘(3) SELECTION AND TERM.— ‘‘(A) SELECTION.—The head of an agency shall se- lect an employee for a rotational cyber workforce position under the rotational cyber workforce pro- gram in a manner that is consistent with the merit system principles under section 2301(b) of title 5, United States Code. ‘‘(B) TERM.—Except as provided in subparagraph (C), and notwithstanding section 3341(b) of title 5, United States Code, a detail to a rotational cyber workforce position shall be for a period of not less than 180 days and not more than 1 year. ‘‘(C) EXTENSION.—The Chief Human Capital Offi- cer of the agency to which an employee is detailed under the rotational cyber workforce program may extend the period of a detail described in subpara- graph (B) for a period of 60 days unless the Chief Human Capital Officer of the employing agency of the employee objects to that extension. ‘‘(4) WRITTEN SERVICE AGREEMENTS.— ‘‘(A) IN GENERAL.—The detail of an employee to a rotational cyber workforce position shall be contin- gent upon the employee entering into a written service agreement with the employing agency under which the employee is required to complete a period of employment with the employing agency following the conclusion of the detail that is equal in length to the period of the detail. ‘‘(B) OTHER AGREEMENTS AND OBLIGATIONS.—A written service agreement under subparagraph (A) shall not supersede or modify the terms or condi- tions of any other service agreement entered into by the employee under any other authority or re- lieve the obligations between the employee and the employing agency under such a service agreement. Nothing in this subparagraph prevents an employ- ing agency from terminating a service agreement entered into under any other authority under the terms of such agreement or as required by law or regulation. ‘‘SEC. 5. REPORTING BY GAO. ‘‘Not later than the end of the third fiscal year after the fiscal year in which the operation plan under sec- tion 4(a) is issued, the Comptroller General of the United States shall submit to Congress a report assess- ing the operation and effectiveness of the rotational cyber workforce program, which shall address, at a minimum— ‘‘(1) the extent to which agencies have participated in the rotational cyber workforce program, including whether the head of each such participating agency has— ‘‘(A) identified positions within the agency that are rotational cyber workforce positions; ‘‘(B) had employees from other participating agencies serve in positions described in subpara- graph (A); and ‘‘(C) had employees of the agency request to serve in rotational cyber workforce positions under the rotational cyber workforce program in partici- pating agencies, including a description of how many such requests were approved; and ‘‘(2) the experiences of employees serving in rota- tional cyber workforce positions under the rotational cyber workforce program, including an assessment of— ‘‘(A) the period of service; ‘‘(B) the positions (including grade level and oc- cupational series or work level) held by employees before completing service in a rotational cyber workforce position under the rotational cyber workforce program; ‘‘(C) the extent to which each employee who com- pleted service in a rotational cyber workforce posi- tion under the rotational cyber workforce program achieved a higher skill level, or attained a skill level in a different area, with respect to informa- tion technology, cybersecurity, or other cyber-re- lated functions; and ‘‘(D) the extent to which service in rotational cyber workforce positions has affected intra-agency and interagency integration and coordination of cyber practices, functions, and personnel manage- ment. ‘‘SEC. 6. SUNSET. ‘‘Effective 5 years after the date of enactment of this Act [June 21, 2022], this Act is repealed.’’ ANNUAL REPORT TO CONGRESS ON EMPLOYEES OR MEM- BERS OF ARMED SERVICES DETAILED TO EXECUTIVE AGENCIES; EXEMPTIONS Pub. L. 103–329, title VI, § 619, Sept. 30, 1993, 108 Stat. 2420, which directed each Executive agency detailing personnel submit an annual report to Senate and House Committees on Appropriations on all employees or members of armed services detailed to Executive agen- cies, listing grade, position, and offices of each person detailed and agency to which each such person was de- tailed, with exemptions for certain intelligence agen- cies, terminated, effective May 15, 2000, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 151 of House Document No. 103–7. Similar provisions were contained in the following prior appropriations acts: Pub. L. 103–123, title VI, § 617, Oct. 28, 1993, 107 Stat. 1263. Pub. L. 102–393, title VI, § 619, Oct. 6, 1992, 106 Stat. 1769; repealed by Pub. L. 104–66, title III, § 3001(h), Dec. 21, 1995, 109 Stat. 734. Pub. L. 102–141, title VI, § 619, Oct. 28, 1991, 105 Stat. 871. Pub. L. 101–509, title VI, § 616, Nov. 5, 1990, 104 Stat. 1474. Pub. L. 101–136, title VI, § 616, Nov. 3, 1989, 103 Stat. 819. Pub. L. 100–440, title VI, § 616, Sept. 22, 1988, 102 Stat. 1754. Pub. L. 100–202, § 101(m) [title VI, § 621], Dec. 22, 1987, 101 Stat. 1329–390, 1329–427. § 3341. Details; within Executive or military de- partments (a) The head of an Executive department or military department may detail employees among the bureaus and offices of his depart- ment, except employees who are required by law to be exclusively engaged on some specific work. (b)(1) Details under subsection (a) of this sec- tion may be made only by written order of the head of the department, and may be for not more than 120 days. These details may be re- newed by written order of the head of the de- partment, in each particular case, for periods not exceeding 120 days. (2) The 120-day limitation in paragraph (1) for details and renewals of details does not apply to the Department of Defense in the case of a de- tail— (A) made in connection with the closure or realignment of a military installation pursu- ant to a base closure law or an organizational restructuring of the Department as part of a reduction in the size of the armed forces or the civilian workforce of the Department; and Page 418 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 3342 (B) in which the position to which the em- ployee is detailed is eliminated on or before the date of the closure, realignment, or re- structuring. (c) For purposes of this section, the term ‘‘base closure law’’ has the meaning given such term in section 101(a)(17) of title 10. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424; Pub. L. 104–106, div. A, title X, § 1033(a), Feb. 10, 1996, 110 Stat. 429; Pub. L. 109–163, div. A, title X, § 1056(a)(4), Jan. 6, 2006, 119 Stat. 3439.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 38. R.S. § 166. May 28, 1896, ch. 252, § 3, 29 Stat. 179. The words ‘‘Executive department’’ are substituted for ‘‘department’’ as the definition of ‘‘department’’ ap- plicable to this section is coextensive with the defini- tion of ‘‘Executive department’’ in section 101. The words ‘‘or military department’’ are inserted to preserve the application of the source law. Before en- actment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the De- partment of the Navy, and the Department of the Air Force were Executive departments. The National Secu- rity Act Amendments of 1949 established the Depart- ment of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the mili- tary departments by virtue of section 12(g) of the Na- tional Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. The word ‘‘detail’’ is coextensive with and is sub- stituted for ‘‘alter the distribution’’. The word ‘‘clerks’’ is omitted as included in ‘‘employees’’. The words ‘‘as he may find it necessary and proper to do’’ and ‘‘from time to time’’ are omitted as surplusage. This section was part of title IV of the Revised Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2006—Subsec. (c). Pub. L. 109–163 amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms ‘‘base closure law’’ and ‘‘military installation’’ for purposes of this section. 1996—Subsec. (b). Pub. L. 104–106 designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 104–106, § 1033(a)(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title X, § 1033(b), Feb. 10, 1996, 110 Stat. 430, provided that: ‘‘The amendments made by subsection (a) [amending this section] apply to details made before the date of the enactment of this Act [Feb. 10, 1996] but still in effect on that date and details made on or after that date.’’ TRANSFER OF APPROPRIATED FUNDS; FUNDING OF DETAILED EMPLOYEES For restriction on availability of funds for salaries of employees reassigned on temporary detail basis to an- other position without independent approval by head of employing department or agency, see section 515(3) of Pub. L. 103–333, set out as a note under section 1301 of Title 31, Money and Finance. [§ 3342. Repealed. Pub. L. 102–378, § 2(13)(A), Oct. 2, 1992, 106 Stat. 1347] Section, added Pub. L. 101–416, § 2(a)(1), Oct. 12, 1990, 104 Stat. 902, related to Federal participants in execu- tive exchange programs. A prior section 3342, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425, which prohibited details of employees from field service to Executive department in District of Co- lumbia except for temporary duty, details specifically provided for by law, or detailing of one employee from Bureau of Customs for duty in District of Columbia, was repealed by Pub. L. 89–762, § 1(a), Nov. 5, 1966, 80 Stat. 1312. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Section repealed effective Oct. 1, 1991, see section 9(b)(3) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title. § 3343. Details; to international organizations (a) For the purpose of this section— (1) ‘‘agency’’, ‘‘employee’’, and ‘‘inter- national organization’’ have the meanings given them by section 3581 of this title; and (2) ‘‘detail’’ means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization. (b) The head of an agency may detail, for a pe- riod of not more than 5 years, an employee of his agency to an international organization which requests services, except that under special cir- cumstances, where the President determines it to be in the national interest, he may extend the 5-year period for up to an additional 3 years. (c) An employee detailed under subsection (b) of this section is deemed, for the purpose of pre- serving his allowances, privileges, rights, senior- ity, and other benefits, an employee of the agen- cy from which detailed, and he is entitled to pay, allowances, and benefits from funds avail- able to that agency. The authorization and pay- ment of these allowances and other benefits from appropriations available therefor is deemed to comply with section 5536 of this title. (d) Details may be made under subsection (b) of this section— (1) without reimbursement to the United States by the international organization; or (2) with agreement by the international or- ganization to reimburse the United States for all or part of the pay, travel expenses, and al- lowances payable during the detail, and the re- imbursement shall be credited to the appro- priation, fund, or account used for paying the amounts reimbursed. (e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an